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Marital Rape Conundrum |
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by BS Murthy |
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The so-called marital rape, the act of sexual intercourse with one's spouse, which in popular parlance is without wife's consent, has to be contextualized with conjugal rights, ‘especially to sexual relations, regarded as exercisable in law by each partner in a marriage’. Besides, the question of sexual consent in marriage, which is but a ‘legally or formally recognized union of two people as partners in a personal relationship (historically and in some jurisdictions specifically a union between a man and a woman) has to juxtaposed with the sexual violation in rape that is an ‘unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim’.
However, if man’s libido were to become wife’s menace then law provides her the means for divorce on the ground of cruelty in marriage. That being the case if ‘marital rape’ were to be criminalized then it would become a ‘female tool’ for a vicious wife to settle scores with her man in a cantankerous marriage. Images (c) istock.com |
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14-May-2022 | ||
More by : BS Murthy | ||
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